Second type: the other intoxicating beverages

This part belongs to the full section: All sections of this part.

This section is part of the full chapter: All sections of this chapter.

Second type: the other intoxicating beverages

The Hanafis expressly stated that the prohibited beverages are only 4 types, everything else being permitted:

The first is khamr: the juice of raw grapes once it has fermented, gained strength and thrown up its foam, without having been cooked. For Allah the Most High says:

« Indeed, khamr, games of chance, erected stones and divining arrows are an abomination, of the work of Satan, so turn away from them that you may prosper. »

Surah al-Ma'ida, 90

This question has already been discussed above.

The second is cooked grape juice: the juice of grapes cooked until less than 2 thirds of it have evaporated; it is called at-tila and al-badhak.

The third is sakar: the infusion of raw dates once it has gained strength and fermented.

The fourth is the infusion of raw raisins once it has fermented, gained strength and thrown up its foam, according to the difference between Abu Yusuf and Muhammad on one side and Abu Hanifa on the other.

The nabidh of dates and raisins, when each of the 2 has undergone minimal cooking, that is, until fully cooked, is lawful even if it has gained strength, provided one drinks a quantity one preponderantly believes will not intoxicate, without play or amusement. This applies when one drinks it to gain strength for obedience, to help digest food or for medical treatment; otherwise it is prohibited by consensus.

Likewise, grape juice cooked until 2 thirds have evaporated is lawful, even if it has gained strength, if it is drunk to gain strength; if it is drunk for entertainment, it is prohibited.

The prohibition of these beverages is of a lesser degree than that of khamr: the prohibition of khamr is established with certainty, while this one rests on juristic reasoning.

The drinker only incurs the fixed penalty once he becomes intoxicated, and one who deems these beverages lawful does not become a disbeliever.

The nabidh of honey, called al-bit, of figs and wheat, called al-mizr, of barley and corn, is lawful to drink even without cooking, provided it is drunk without play or amusement, and only to gain strength and help digest food. For the Prophet (peace and blessings of Allah be upon him) said:

« Khamr comes from these 2 trees: the palm and the vine. »reported by Muslim 1985

The purpose is to state the legal ruling; moreover, a small quantity of these beverages does not call for a large quantity.

There is disagreement on whether one who becomes intoxicated from them incurs the fixed penalty or not.

Imam Muhammad ibn al-Hasan holds that he incurs the fixed penalty if he becomes intoxicated, and that the divorce he pronounces in that state takes effect according to him; it has been said that this is the sound position of the school, for in some lands the depraved gather around this beverage just as they gather around khamr, and even more.

According to Abu Hanifa and Abu Yusuf, one who drinks the nabidh of grains and sweets according to its lawful condition commits nothing unlawful: no fixed penalty falls upon one intoxicated from it, and the divorce he pronounces does not take effect (Bada'i' as-Sana'i' 5/114 and 117; al-Hidaya 4/111; al-Ikhtiyar 4/119 and 121; Tabyin al-Haqa'iq 6/45 and 46; al-Jawhara an-Nayyira 5/425 and 432; al-Lubab 2/339 and 342).

The majority of jurists, the Malikis, Shafi'is and Hanbalis, hold that any beverage whose large quantity intoxicates has its small quantity prohibited, and that it follows the ruling of khamr in prohibition, impurity and fixed penalty, whether raw or cooked; this is the position of most of the Companions.

They support it with several evidences:

First, the words of the Prophet (peace and blessings of Allah be upon him):

« Every intoxicant is khamr, and every intoxicant is prohibited. »reported by Muslim 2003

Second, what Ibn Umar (may Allah be pleased with them both) reported:

« The prohibition of khamr was revealed while there were, in Medina at that time, 5 beverages among which grape drink was not to be found. »reported by al-Bukhari 4340

Third, what ash-Sha'bi reported from Ibn Umar (may Allah be pleased with them both): I heard Umar (may Allah be pleased with him) say on the pulpit of the Prophet (peace and blessings of Allah be upon him):

« To proceed: O people, the prohibition of khamr was revealed while khamr comes from 5 things: grapes, dates, honey, wheat and barley; and khamr is whatever clouds the intellect. »reported by al-Bukhari 4343 and Muslim 3032

Fourth, Aisha (may Allah be pleased with her) reported: the Messenger of Allah (peace and blessings of Allah be upon him) was asked about bit, and he said:

« Every drink that intoxicates is prohibited. »reported by al-Bukhari 5263 and Muslim 2001

Bit is the nabidh of honey.

Fifth, Abu Musa (may Allah be pleased with him) reported: the Prophet (peace and blessings of Allah be upon him) sent me and Muadh ibn Jabal to Yemen. I said: O Messenger of Allah, a drink is made in our land called mizr, from barley, and a drink called bit, from honey. He said:

« Every intoxicant is prohibited. »reported by Muslim 1733

Sixth, Aisha (may Allah be pleased with her) reported: the Messenger of Allah (peace and blessings of Allah be upon him) said:

« Every intoxicant is prohibited; whatever a farq of it intoxicates from, a palmful of it is prohibited. »authentic hadith: reported by Abu Dawud 3687, at-Tirmidhi 866, Ahmad 24468 and Ibn Hibban 5383

Al-Mawardi (may Allah have mercy on him) explains: the farq is one of the measures of the Arabs, 16 ratl; they had 4: the mudd, one ratl and a third; the qist, twice the mudd, 2 ratl and 2 thirds; the sa, twice the qist, 5 ratl and a third; and the farq, 3 times the sa, 16 ratl. This establishes the prohibition of both the small and the large quantity (al-Hawi al-Kabir 13/393).

Seventh, Mirthad ibn Abdullah al-Yazani reported from Daylam al-Himyari that he said:

« O Messenger of Allah, we are in a cold land where we undertake hard work, and we make a drink from this wheat to strengthen us in our work and against the cold of our land. He said: "Does it intoxicate?" I said: "Yes." He said: "Then abstain from it." Then I came back before him and said the same to him. He said: "Does it intoxicate?" I said: "Yes." He said: "Then abstain from it." I said: "The people will not abandon it." He said: "If they do not abandon it, kill them." »authentic hadith: reported by Abu Dawud 3683 and Ahmad 18064

Ibn Taymiyya (may Allah have mercy on him) comments: this is because the corrupter is like the assailant; if the assailant can only be repelled by killing, he is killed (Majmu' al-Fatawa 28/347).

And many other established and authentic hadiths show that whatever large quantity intoxicates has its small quantity prohibited.

Imam al-Nawawi (may Allah have mercy on him) says: these hadiths reported by Muslim explicitly declare the prohibition of all intoxicating nabidhs, all of them called khamr, without distinction: fadikh, nabidh of dates, fresh or unripe dates, raisins, barley, corn, honey and others; all of this is prohibited and is called khamr. This is our school; Malik, Ahmad and the mass of the early and later generations said the same (Sharh Sahih Muslim 13/148 and 149).

A group among the people of Basra said: only grape juice and the infusion of raw raisins are prohibited; as for those 2 once cooked, and the raw and cooked of everything else, it is lawful as long as it is not drunk to intoxication.

Abu Hanifa said: only the juice of the fruits of the palm and the vine is prohibited. The grape must (sulafa), he said, is prohibited in small and large quantity alike, unless it is cooked until 2 thirds of it have dissipated. As for the infusion of dates and raisins, he said: their cooking is lawful as soon as the fire touches them even a little, without considering a threshold as with grape must; the raw, he said, is prohibited, but its drinker incurs no fixed penalty; all this as long as it is not drunk to intoxication; if it intoxicates, it is prohibited by consensus of the Muslims.

The majority argue from the Quran and the Sunna. From the Quran: Allah the Most High indicated that the cause of the prohibition of khamr is that it turns away from the remembrance of Allah and from prayer; now this cause exists in all intoxicants: the ruling was bound to extend to all of them.

If it is objected that this meaning only occurs in intoxication, which is unanimously prohibited, we answer: it is agreed that grape juice is prohibited even without intoxicating, and Allah, exalted is He, motivated its prohibition as stated; what is of the same meaning was therefore bound to follow the same ruling: the prohibition strikes the intoxicating genus, motivated by what habitually results from that genus.

Al-Mazini said: this argument is the strongest of all that is put forward on this question. We have, he said, another route of argument: if someone drinks grape must at the time of pressing, while it is sweet and does not intoxicate, it is lawful by consensus; if it gains strength and intoxicates, it is prohibited by consensus; if it turns into vinegar by itself, without human intervention, it becomes lawful again. We observe these rulings succeeding one another upon the same substrate as the attributes renew and change: this indicates the tie between these rulings and that attribute, and stands in place of an explicit verbal statement; all of them were therefore bound to be placed on the same footing in the ruling, and intoxication is the cause of the prohibition. Such is the first of the 2 routes of argument for the school of the majority.

The second route: the many authentic hadiths reported by Muslim and others, such as his words (peace and blessings of Allah be upon him): « Every intoxicant is prohibited », and: « He prohibited every intoxicant »; the hadith: « Every intoxicant is khamr »; the hadith of Ibn Umar (may Allah be pleased with them both) cited by Muslim here, at the end of the Book of Beverages: the Messenger of Allah (peace and blessings of Allah be upon him) said: « Every intoxicant is khamr, and every intoxicant is prohibited », and in one version: « Every intoxicant is khamr, and all khamr is prohibited »; and the hadith prohibiting every intoxicant that turns away from prayer. And Allah knows best (Sharh Sahih Muslim 13/148 and 149).

Imam Ibn Qudama (may Allah have mercy on him) says: every intoxicant is prohibited, its small and its large quantity alike; it is a khamr subject to the ruling of grape juice in prohibition and in the obligation of the fixed penalty upon its drinker. This prohibition is reported from Umar, Ali, Ibn Masud, Ibn Umar, Abu Hurayra, Sa'd ibn Abi Waqqas, Ubayy ibn Ka'b, Anas and Aisha (may Allah be pleased with them); and Ata, Tawus, Mujahid, al-Qasim, Qatada, Umar ibn Abd al-Aziz, Malik, al-Shafi'i, Abu Thawr, Abu Ubayd and Ishaq said the same (al-Mughni 9/136; see Sharh Sahih al-Bukhari 6/39 and 40, at-Tamhid 1/248 and 256, al-Istidhkar 8/24 and 25, al-Hawi al-Kabir 13/387 and 394).

Imam al-Imrani (may Allah have mercy on him) says: as for intoxicating beverages other than khamr, such as cooked grape juice and the nabidh of dates, raisins, corn, barley and others, their small and large quantity is prohibited, and the fixed penalty is obligatory for drinking them. Those who said so are Umar, Ali, Ibn Abbas, Ibn Umar, Abu Hurayra, Sa'd ibn Abi Waqqas, Ibn Masud and Aisha (may Allah be pleased with them), and among the jurists: Malik, al-Awza'i, Ahmad and Ishaq.

Abu Hanifa said: beverages fall into 4 categories. The first: khamr, which is grape juice once it gains strength and throws up its foam; its small and large quantity is prohibited and its drinker incurs the fixed penalty; Abu Yusuf and Muhammad did not set the throwing up of foam as a condition: according to them, once it gains strength and ferments, it is khamr. The second: cooked grape juice; if less than 2 thirds have evaporated, it is prohibited, with no fixed penalty upon its drinker unless he becomes intoxicated; if 2 thirds have evaporated, it is lawful, apart from the amount that intoxicates; and if he cooked whole grapes, there are 2 reports: one ranges it under the ruling of its juice, and the best known: it is lawful even if 2 thirds have not evaporated.

The third: the infusion of dates and raisins; cooked with fire, it is permitted, with no fixed penalty upon its drinker unless it intoxicates: the amount that intoxicates is then prohibited and carries the penalty; if fire has not touched it, it is prohibited, with no fixed penalty upon its drinker unless he becomes intoxicated. The fourth: the nabidh of wheat, corn, barley, rice, honey and the like: it is lawful, raw or cooked, except that its intoxicating portion is prohibited, with no fixed penalty upon its drinker, whether he became intoxicated or not.

Our evidence: what an-Nu'man ibn Bashir reported: the Prophet (peace and blessings of Allah be upon him) said:

« There is khamr from grapes, khamr from dates, khamr from honey, khamr from wheat, and khamr from barley. »authentic hadith: reported by Abu Dawud 3676, at-Tirmidhi 1872 and Ibn Majah 3379

Abu Hurayra reported that the Prophet (peace and blessings of Allah be upon him) said:

« Khamr comes from these 2 trees: the palm and the vine. »reported by Muslim 1985

Ibn Umar reported that the Prophet (peace and blessings of Allah be upon him) said:

« Every intoxicant is khamr, and all khamr is prohibited. »reported by Muslim 2003

It is reported that the Prophet (peace and blessings of Allah be upon him) said:

« Khamr itself was prohibited, and the intoxicant drawn from every drink. »authentic, as a suspended report (mawquf) from Ibn Abbas: reported by an-Nasa'i 5684

It is reported that the Prophet (peace and blessings of Allah be upon him) said:

« Whatever large quantity of it intoxicates, its small quantity is prohibited. »authentic hadith: reported by Abu Dawud 3681, at-Tirmidhi 1865, an-Nasa'i 5607 and Ibn Majah 3393 and 3394

Aisha (may Allah be pleased with her) reported that the Prophet (peace and blessings of Allah be upon him) said:

« Whatever a farq of it intoxicates from, a palmful of it is prohibited. »authentic hadith: reported by Abu Dawud 3687, at-Tirmidhi 1866, Ahmad 24468 and Ibn Hibban in his Sahih 5383

The farq, with a sukun on the r, is a measure holding one 100 and 20 ratl; with the r vowelled, it holds 16; the report is transmitted with the r vowelled.

And because Allah the Most High prohibited khamr and pointed to the meaning for which He prohibited it: Satan casts enmity and hatred among men through it, and turns them away through it from the remembrance of Allah and from prayer; now these meanings exist in these beverages: their ruling was bound to be that of khamr, in prohibition and fixed penalty.

This being established, our companions differed on whether the name of khamr applies to these beverages. Some said the name of khamr does apply to them, because of his words (peace and blessings of Allah be upon him): « There is khamr from dates, khamr from honey, khamr from barley, khamr from wheat », and it is reported from Umar and Abu Musa al-Ash'ari (may Allah be pleased with them both) that they said: « Khamr is whatever clouds the intellect. » On this view, the verse is the evidence for the prohibition of these beverages.

Most of our companions said the name of khamr does not apply to them, because of his words (peace and blessings of Allah be upon him): « Khamr itself was prohibited, and the intoxicant drawn from every drink »; if the name of khamr applied to these intoxicants, it would have been enough to say: « itself ». On this view, only the Sunna and analogy demonstrate the prohibition of these beverages (al-Bayan 12/519 and 521).

Imam Ibn al-Qayyim (may Allah have mercy on him) says: whoever deems the intoxicating drink lawful, claiming that it is not khamr, while knowing that its meaning is the meaning of khamr, that its purpose is its purpose and its effect its effect, holds the most corrupt of interpretations; for khamr is the name of every intoxicating drink, as the authentic and explicit texts establish. This hadith reached us from the Prophet, may Allah the Most High send blessings upon him and upon his family and grant them peace, through other routes.

Among them, what an-Nasa'i reported from him (peace and blessings of Allah be upon him): « Some people of my community will drink khamr, calling it by another name », with an authentic chain. Among them, what Ibn Majah reported from Ubadat ibn as-Samit, raising it to the Prophet: « Some people of my community will drink khamr, calling it by another name », also reported by Imam Ahmad in these words: « A group of my community will surely deem khamr lawful. » Among them, what Ibn Majah also reported from Abu Umama: the Messenger of Allah (peace and blessings of Allah be upon him) said: « Nights and days will not pass before a group of my community drinks khamr, calling it by another name. »

These people only drank khamr deeming it lawful because they thought that the prohibited is merely what the wording covers, and that this wording does not cover what they deemed lawful (Ighathat al-Lahfan 1/351).

The fixed penalty of the drinker of khamr

Imam al-Nawawi (may Allah have mercy on him) says: the Muslims agreed on the prohibition of drinking khamr (Sharh Sahih Muslim 11/217).

Imam Ibn Qudama (may Allah have mercy on him) says: the prohibition of khamr is established from the Prophet (peace and blessings of Allah be upon him) through reports which, taken together, reach the rank of consecutive transmission, and the community agreed on its prohibition (al-Mughni 9/135).

The fixed penalty of the drinker of khamr: the people of knowledge agreed that whoever drinks khamr, being a Muslim, of sound mind, of age and acting of his own will, incurs the fixed penalty, whether he drinks little or much, whether he becomes intoxicated or not. For the Prophet (peace and blessings of Allah be upon him) said:

« Whoever drinks khamr, flog him; then if he drinks, flog him; then if he drinks, flog him; then if he drinks, kill him. »authentic hadith: reported by Abu Dawud 4484, at-Tirmidhi 1444 and an-Nasa'i 5661

Imam al-Nawawi (may Allah have mercy on him) says: the Muslims agreed on the prohibition of khamr and on the obligation of the fixed penalty upon its drinker, whether he drinks little or much, and they agreed that he is not to be killed for drinking it, even if repeated. This is how at-Tirmidhi and a multitude transmitted the consensus. Al-Qadi Iyad (may Allah have mercy on him) related from a marginal group that they said: he is killed after 4 floggings, in virtue of the hadith reported on the subject. This position is void: it contradicts the consensus of the Companions and those after them that he is not killed even after more than 4 repetitions; and this hadith is abrogated. Some said: the consensus proves its abrogation; others said: it is abrogated by his words (peace and blessings of Allah be upon him):

« It is not lawful to shed the blood of a Muslim except in one of 3 cases: a life for a life, the married fornicator, and the one who abandons his religion and separates from the community. »cited by al-Nawawi in Sharh Sahih Muslim 11/217

Imam Ibn Hubayra (may Allah have mercy on him) says: they agreed that khamr is prohibited, its small and its large quantity, and that it carries the fixed penalty (al-Ifsah 2/291 and 292).

Imam al-Imrani (may Allah have mercy on him) says: whoever drinks it, being a Muslim, of sound mind, of age and acting of his own will, incurs the fixed penalty, whether he drinks little or much, whether he becomes intoxicated or not; according to what Abu Hurayra reported: the Prophet (peace and blessings of Allah be upon him) said: « Whoever drinks khamr, flog him; if he does it again, flog him; if he does it again, flog him; then if he does it again, kill him »; and the killing at the fourth is abrogated, according to what Qabisa ibn Dhu'ayb reported:

« A man who had drunk khamr was brought to the Prophet (peace and blessings of Allah be upon him), and he flogged him. He was brought back a second time after drinking, and he flogged him. He was brought a third time after drinking, and he flogged him. He was brought a fourth time after drinking, and he flogged him and did not kill him. »weak, mursal report: reported by Abu Dawud 4485

The community also agreed on this (al-Bayan 12/518).

Imam Ibn Abd al-Barr (may Allah have mercy on him) says: it is agreed that a small amount of grape khamr carries as much fixed penalty as a large amount, with no consideration of intoxication (al-Istidhkar 8/3).

Imam al-Kasani (may Allah have mercy on him) says: the penalty befalls the drinker, whether he drinks little or much, according to the consensus of the Companions (may Allah be pleased with them) (Bada'i' as-Sana'i' 5/113).

Imam Ibn Qudama (may Allah have mercy on him) says: the fixed penalty is obligatory upon whoever drinks a small or a large amount of an intoxicant; we know of no disagreement among them on this for uncooked grape juice; they differed on the rest. Our imam equated grape juice with every intoxicant; this is the position of al-Hasan, Umar ibn Abd al-Aziz, Qatada, al-Awza'i, Malik and al-Shafi'i. A group said: no fixed penalty without intoxication: among them Abu Wa'il, an-Nakha'i, many people of Kufa and the partisans of personal opinion. Abu Thawr said: whoever drinks it believing in its prohibition is flogged; whoever drinks it on the basis of an interpretation incurs no penalty, for the question is disputed: it then resembles marriage without a guardian.

Our evidence: what is reported from the Prophet (peace and blessings of Allah be upon him): « Whoever drinks khamr, flog him », reported by Abu Dawud and others; now it is established that every intoxicant is khamr: the hadith therefore covers its small and its large quantity. And it is a drink endowed with a strength that intoxicates and exhilarates: the penalty was therefore bound to follow its small amount, as with khamr; and disagreement over it does not prevent the obligation of the penalty, as shown by the case of one who believes in its prohibition; by this it differs from marriage without a guardian and similar questions. Umar moreover flogged Qudama ibn Maz'un and his companions while they believed lawful what they had drunk.

The difference between this question and the other disputed questions lies in 2 points:

The punishment of the drinker of khamr

The punishment of the drinker of khamr: khamr is prohibited by the Book, the Sunna and the consensus.

The Book: the words of Allah the Most High:

« They ask you about khamr and games of chance. Say: in both is great sin and benefit for people, but their sin is greater than their benefit. »

Surah al-Baqara, 219

He informed that in both there is benefit and sin, and that the sin is greater than the benefit: this indicates prohibition.

And His words:

« O you who believe, khamr, games of chance, erected stones and divining arrows are an abomination, of the work of Satan, so turn away from them that you may prosper. Satan only wants to cast enmity and hatred between you through khamr and games of chance, and to turn you away from the remembrance of Allah and from prayer. So will you then desist? »

Surah al-Ma'ida, 90-91

These 2 verses contain 7 evidences:

The first: Allah the Most High joined khamr to games of chance, erected stones and divining arrows, and placed it before them; now all these things are prohibited: this demonstrates the prohibition of khamr.

The second: Allah the Most High named it an abomination, and abomination is the name of the impure thing; and every impure thing is prohibited.

The third: His words: « an abomination, of the work of Satan »: whatever belongs to the work of Satan is prohibited.

The fourth: His words: « so turn away from them »: He commands turning away only from what is prohibited.

The fifth: His words: « that you may prosper »: the opposite of prosperity is ruin.

The sixth: His words: « and to turn you away from the remembrance of Allah and from prayer »: whatever turns away from that is prohibited.

The seventh: His words: « so will you then desist? »: this is the most forceful word of restraint from a thing.

From the Book, His words also demonstrate its prohibition:

« Say: my Lord has only forbidden indecencies, outward and inward, sin, aggression without right, associating with Allah that for which He has sent down no authority, and saying about Allah what you do not know. »

Surah al-A'raf, 33

Now « sin » is khamr; the poet said: « I drank sin until my reason went astray: thus sin carries away reason. » (al-Bayan 12/514 and 515)

As for the Sunna, it contains much, among which:

First, the words of the Prophet (peace and blessings of Allah be upon him):

« Every intoxicant is khamr, and every intoxicant is prohibited. »reported by Muslim 2003

Second, Aisha (may Allah be pleased with her) reported: the Messenger of Allah (peace and blessings of Allah be upon him) said:

« Every intoxicant is prohibited; whatever a farq of it intoxicates from, a palmful of it is prohibited. »authentic hadith: reported by Abu Dawud 3687, at-Tirmidhi 866, Ahmad 24468 and Ibn Hibban 5383

Third, Mirthad ibn Abdullah al-Yazani reported from Daylam al-Himyari that he said:

« O Messenger of Allah, we are in a cold land where we undertake hard work, and we make a drink from this wheat to strengthen us in our work and against the cold of our land. He said: "Does it intoxicate?" I said: "Yes." He said: "Then abstain from it." Then I came back before him and said the same to him. He said: "Does it intoxicate?" I said: "Yes." He said: "Then abstain from it." I said: "The people will not abandon it." He said: "If they do not abandon it, kill them." »reported by Ahmad 18064

Ibn Taymiyya (may Allah have mercy on him) comments: this is because the corrupter is like the assailant; if the assailant can only be repelled by killing, he is killed (Majmu' al-Fatawa 28/347).

Fourth, Ibn Umar (may Allah be pleased with them both) reported that the Messenger of Allah (peace and blessings of Allah be upon him) said:

« Whoever drinks khamr in this world and does not repent of it will be deprived of it in the hereafter. »reported by al-Bukhari 5253 and Muslim 2003

Fifth, Abdullah ibn Umar (may Allah be pleased with them both) reported: the Messenger of Allah (peace and blessings of Allah be upon him) said:

« Allah cursed khamr, the one who drinks it, the one who serves it, the one who sells it, the one who buys it, the one who presses it, the one for whom it is pressed, the one who carries it, the one to whom it is carried, and the one who consumes its price. »authentic hadith: reported by Abu Dawud 3674, Ibn Majah 3380 and Ahmad 4787 and 5716

Sixth, Abdullah ibn Amr (may Allah be pleased with them both) reported: the Messenger of Allah (peace and blessings of Allah be upon him) said:

« Khamr is the mother of abominations. »good hadith (hasan): reported by ad-Daraqutani 4613

Seventh, Anas (may Allah be pleased with him) reported:

« I was the one serving drinks to the company in the house of Abu Talha, and their drink at that time was fadikh. The Messenger of Allah (peace and blessings of Allah be upon him) ordered a herald to proclaim: bear in mind that khamr has been prohibited. Abu Talha said to me: go out and pour it away. I went out and poured it away, and it flowed through the lanes of Medina. Someone said: men have been killed while it was still in their bellies, and Allah then sent down: "There is no blame on those who believe and do righteous deeds for what they tasted" to the end of the verse. »reported by al-Bukhari 2332 and Muslim 1980

Eighth, Abu Hurayra (may Allah be pleased with him) reported: the Messenger of Allah (peace and blessings of Allah be upon him) said:

« The habitual drinker of khamr is like the worshipper of an idol. »good hadith (hasan): reported by Ibn Majah 3375

Ninth, Abdullah ibn Umar (may Allah be pleased with them both) reported: the Messenger of Allah (peace and blessings of Allah be upon him) said:

« Whoever drinks khamr, Allah accepts no prayer from him for 40 mornings; if he repents, Allah accepts his repentance; if he does it again, Allah accepts no prayer from him for 40 mornings; if he repents, Allah accepts his repentance; if he does it again, Allah accepts no prayer from him for 40 mornings; if he repents, Allah accepts his repentance; if he does it again a fourth time, Allah accepts no prayer from him for 40 mornings; if he then repents, Allah will not accept his repentance, and He will give him to drink from the river of khabal. It was said: O Abu Abd ar-Rahman, what is the river of khabal? He said: a river of the pus of the people of the Fire. »authentic hadith: reported by at-Tirmidhi 1862, Ibn Majah 3377 and Ahmad 21541

The verse mentioned is: « There is no blame on those who believe and do righteous deeds for what they tasted » (Surah al-Ma'ida, 93).

And many other hadiths besides.

As for the consensus: the community is unanimous on the prohibition of khamr, and a great number of scholars transmitted this consensus.

Imam Ibn al-Mundhir (may Allah have mercy on him) says: they agreed on the prohibition of khamr (al-Ijma 626).

Imam Ibn Hazm (may Allah have mercy on him) says: the consensus covers the prohibition of khamr, its small and its large quantity (al-Muhalla 7/478).

Ibn Abd al-Barr (may Allah have mercy on him) says: the verse carries the prohibition of khamr, the one agreed upon (al-Istidhkar 5/290).

Imam Ibn al-Arabi (may Allah have mercy on him) says: the prohibition of khamr is established by the agreement of the imams (Ahkam al-Quran 3/134).

Imam Ibn Hubayra (may Allah have mercy on him) says: they agreed that khamr is prohibited, its small and its large quantity, and that it carries the fixed penalty... and they agreed that whoever deems it lawful is judged a disbeliever (al-Ifsah 2/291 and 292).

Imam Ibn Juzayy al-Gharnati (may Allah have mercy on him) says: khamr is prohibited, its small and its large quantity, by consensus; I mean grape juice when it intoxicates; if it does not intoxicate, it is lawful by consensus. As for the other intoxicating beverages, made from raisins, dates, honey, wheat, barley and others, they are like khamr according to the 2 imams and Ibn Hanbal (al-Qawanin al-fiqhiyya, p. 117).

Imam al-Imrani (may Allah have mercy on him) says: the Companions and the Muslims after them agreed on its prohibition (al-Bayan 12/517).